S. 3001 (110^th): Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

For aircraft, $14,557,874,000.

For weapons, including missiles and torpedoes, $3,553,282,000.

For shipbuilding and conversion, $14,057,022,000.

For other procurement, $5,463,565,000.

A description of the Army tactical radio fielding strategy, including a description of the overall combination of various tactical radio systems and how they integrate to provide communications and network capability.

A detailed description of the combination of various tactical radio systems in use or planned for use for Army infantry brigade combat teams, heavy brigade combat teams, Stryker brigade combat teams, and Future Combat Systems brigade combat teams.

A description of the combination of various tactical radio systems in use or planned for use for Army support brigades, headquarters elements, and training units.

A description of the plan by the Army to integrate joint tactical radio systems, including the number of each type of joint tactical radio the Army plans to procure.

An assessment of the total cost of the tactical radio fielding strategy of the Army, including procurement of joint tactical radio systems.

satisfactorily been certified under section 2433(e)(2) of title 10, United States Code;

been restructured as an acquisition program by the Army;

satisfactorily completed a Limited User Test; and

been approved to enter Milestone C.

An explanation of the plan by the Army to mitigate all Stryker Mobile Gun System deficiencies.

The cost estimate for implementing each mitigating action, and the status of funding for each mitigating action.

An inventory of the Stryker Mobile Gun System vehicle fleet that specifies which mitigating actions have been implemented.

An updated production and fielding schedule for Stryker Mobile Gun System vehicles required by the Army but not yet fielded as of the date of the report.

determines that continued procurement of Stryker Mobile Gun System vehicles will provide a vital combat capability to the Armed Forces; and

submits to the congressional defense committees written notification of the waiver and a discussion of the reasons for the determination made under paragraph (1).

The number of F/A–18E/F and EA–18G aircraft programmed for procurement for fiscal years 2010 through 2015.

The estimated procurement costs for those aircraft, if procured through annual procurement contracts.

The estimated procurement costs for those aircraft, if procured through a multiyear procurement contract.

The estimated savings that could be derived from the procurement of those aircraft through a multiyear procurement contract, and whether the Secretary considers the amount of those savings to be substantial.

A discussion comparing the costs and benefits of obtaining those aircraft through annual procurement contracts with the costs and benefits of obtaining those aircraft through a multiyear procurement contract.

The recommendations of the Secretary regarding whether Congress should authorize a multiyear procurement contract for those aircraft.

An examination of original requirements for the KC–(X) tanker aircraft, including an explanation for the use of the KC–135R tanker aircraft as the baseline for the KC–(X) tanker aircraft.

A summary of commercial derivative or commercial off-the-shelf aircraft available as potential aerial refueling platforms using aerial refueling capabilities (such as range, offload at range, and passenger and cargo capacity) in each of the following ranges:

In general

Of the amount referred to in subsection (a), $383,000,000 shall not be available until the President certifies to the congressional defense committees that—

Date of submittal

Any certification submitted under this subsection may not be submitted before January 21, 2009, and must be submitted not later than March 1, 2009.

An assessment of Department of Defense-wide small arms requirements in terms of capabilities and quantities, based on an analysis of the small arms capability assessments of each military department.

An assessment of plans for small arms research, development, and acquisition programs to meet the requirements identified under paragraph (1).

An assessment of capabilities, capacities, and risks in the small arms industrial base of the United States to meet the requirements of the Department of Defense for pistols, carbines, rifles, and light, medium, and heavy machine guns during the 20 years following the date of the report.

An assessment of the costs, benefits, and risks of full and open competition for the procurement of non-developmental pistols and carbines that are not technically compatible with the M9 pistol or M4 carbine to meet the requirements identified under paragraph (1).

Competition required

If the small arms capabilities based assessments by the Army identifies gaps in small arms capabilities and the Secretary of the Army determines that a new individual weapon is required to address such gaps, the Secretary shall procure the new individual weapon using full and open competition as described in paragraph (2).

Full and open competition

The full and open competition described in this paragraph is competition among all responsible manufacturers that—

means man-portable or vehicle-mounted light weapons, designed primarily for use by individual military personnel for anti-personnel use; and

includes pistols, carbines, rifles, and light, medium, and heavy machine guns.

Procurement of common payloads by vehicle class, including—

Commonality of ground system architecture by vehicle class.

Common management of vehicle and payloads procurement.

Ground station interoperability standardization.

Maximum use of commercial standard hardware and interfaces.

Open architecture software.

Acquisition of technical data rights in accordance with section 2320 of title 10, United States Code.

Acquisition of vehicles, payloads, and ground stations through competitive procurement.

Common standards for exchange of data and metadata.

the policy required by subsection (a); and

the acquisition strategy required by subsection (a).

An assessment of the vulnerability of the Future Combat Systems communications network and software to enemy network attack, in particular the effect of the use of significant amounts of commercial software in Future Combat Systems software.

An assessment of the vulnerability of the Future Combat Systems communications network to electronic warfare, jamming, and other potential enemy interference.

An assessment of the vulnerability of the Future Combat Systems communications network to adverse weather and complex terrain.

An assessment of the Future Combat Systems communication network's dependence on satellite communications support, and an assessment of the network's performance in the absence of assumed levels of satellite communications support.

An assessment of the performance of the Future Combat Systems communications network when operating in a degraded condition due to the factors analyzed in paragraphs (1), (2), (3), and (4), and how such a degraded network environment would affect the performance of Future Combat Systems brigades and the survivability of Future Combat Systems manned ground vehicles.

An assessment, developed in coordination with the Director of Operational Test and Evaluation, of the adequacy of the Future Combat Systems communications network testing schedule.

An assessment, developed in coordination with the Director of Operational Test and Evaluation, of the synchronization of the funding, schedule, and technology maturity of the Warfighter Information Network-Tactical and Joint Tactical Radio System programs in relation to the Future Combat Systems program, including any planned Future Combat Systems spin outs.

the eight distinct variants of manned ground vehicles designated on pages seven and eight of the Future Combat Systems Selected Acquisition Report of the Department of Defense dated December 31, 2007; and

any additional manned ground vehicle variants designated in Future Combat Systems Acquisition Reports of the Department of Defense after the date of the enactment of this Act.

Approval by the Under Secretary of a new acquisition program baseline for the Warfighter Information Network–Tactical Increment 3 program (in this section referred to as the WIN-T Increment 3 program).

Completion of the independent cost estimate for the WIN–T Increment 3 program by the Cost Analysis Improvement Group, as required by the June 5, 2007, recertification by the Under Secretary.

Completion of the technology readiness assessment of the WIN–T Increment 3 program by the Director, Defense Research and Engineering, as required by the June 5, 2007, recertification by the Under Secretary.

support equipment;

initial spares;

training simulators;

systems engineering and management; and

post-production modifications.

The research objectives to be achieved under the plan.

A description of the research, development, and demonstration activities under the plan.

An estimate of the duration of the research, development, and demonstration of technologies under the plan.

The cost and duration of any flight or on-orbit demonstrations of the technologies being developed.

A plan for implementing any acquisition programs with respect to technologies determined to be successful under the plan.

An identification of the date by which a decision must be made to begin any follow-on programs and a justification for the date identified.

A schedule for completion of a full analysis of the on-orbit performance characteristics of the Space-Based Infrared System and the Space Tracking and Surveillance System, and an assessment of how the performance characteristics of such systems will inform the decision to proceed to a next generation overhead nonimaging infrared system.

An identification of current and future capability gaps, performance enhancements, cost savings goals, and assured technology access goals that require advances in energy storage technology and manufacturing capabilities.

Specific research, technology, and manufacturing goals and milestones, and timelines and estimates of funding necessary for achieving such goals and milestones.

A summary of applications for energy storage technologies by the Department of Defense and, for each type of application, an assessment of the demand for such technologies, in terms of quantity and military need.

Specific mechanisms for coordinating the activities of Federal agencies, State and local governments, coalition partners, private industry, and academia covered by the roadmap.

Such other matters as the Secretary of Defense and the Secretary of Energy consider appropriate for purposes of the roadmap.

In general

The roadmap required by subsection (a) shall be developed in coordination with the military departments, appropriate Defense Agencies and other elements and organizations of the Department of Defense, other appropriate Federal, State, and local government organizations, and appropriate representatives of private industry and academia.

Department of defense support

The Secretary of Defense shall ensure that appropriate elements and organizations of the Department of Defense provide such information and other support as is required for the development of the roadmap.

In general

The Secretary of Defense, in consultation with the Secretaries of the military departments, shall establish mechanisms under which the director of a defense laboratory may use an amount of funds equal to not more than three percent of all funds available to the defense laboratory for the following purposes:

Consultation required

The mechanisms established under paragraph (1) shall provide that funding shall be used under paragraph (1) at the discretion of the director of a defense laboratory in consultation with the science and technology executive of the military department concerned.

In general

Not later than March 1 of each year, the Secretary of Defense shall submit to the congressional defense committees a report on the use of the authority under subsection (a) during the preceding year.

Elements

Each report under paragraph (1) shall include, with respect to the year covered by such report, the following:

by redesignating paragraph (2) as paragraph (3);

by inserting after paragraph (1) the following new paragraph (2):

in paragraph (3), as redesignated by paragraph (1) of this subsection, by inserting and the characterization under paragraph (2) after the assessment under paragraph (1).

Content

The study required by subsection (a) shall address the following:

Systems to be examined

The study required by subsection (a) shall examine each of the following systems:

Factors to be evaluated

The study shall evaluate each system identified in paragraph (2) based on the following factors:

Scenarios to be assessed

The study shall include an assessment of each system identified in paragraph (2) regarding the performance and operational capabilities of the system—

Comparison with non-boost systems

The study shall include an assessment of the performance and operational capabilities of non-boost missile defense systems to counter the scenarios identified in paragraph (4). The results under this paragraph shall be compared to the results under paragraph (4). For purposes of this paragraph, non-boost missile defense systems include—

In general

Upon the completion of the study required by subsection (a), but not later than October 31, 2010, the National Academy of Sciences shall submit to the Secretary of Defense and the congressional defense committees a report on the study. The report shall include such recommendations regarding the future direction of the boost-phase ballistic missile defense programs of the United States as the Academy considers appropriate.

Form

The report under paragraph (1) shall be submitted to the congressional defense committees in unclassified form, but may include a classified annex.

In the case of the proposed midcourse radar element of such missile defense system, the host nation has signed and ratified the missile defense basing agreement and status of forces agreement that allow for the stationing in such nation of the radar and personnel to carry out the proposed deployment.

In the case of the proposed long-range missile defense interceptor site element of such missile defense system—

In the case of either element of such missile defense system described in paragraph (1) or (2), 45 days have elapsed following the receipt by the congressional defense committees of the report required by section 226(c)(6) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 42).

The ballistic missile defense policy of the United States in relation to the overall national security policy of the United States.

The ballistic missile defense strategy and objectives of the United States in relation to the national security strategy of the United States and the military strategy of the United States.

The ballistic missile threat to the United States, deployed forces of the United States, and friends and allies of the United States from short, medium, intermediate, and long-range ballistic missile threats.

The organization, discharge, and oversight of acquisition for the ballistic missile defense programs of the United States.

The roles and responsibilities of the Office of the Secretary of Defense, defense agencies, combatant commands, the Joint Chiefs of Staff, and the military departments in such programs.

The process for determining requirements for missile defense capabilities under such programs, including input from the joint military requirements process.

The process for determining the force structure and inventory objectives for such programs.

Standards for the military utility, operational effectiveness, suitability, and survivability of the ballistic missile defense systems of the United States.

The method in which resources for the ballistic missile defense mission are planned, programmed, and budgeted within the Department of Defense.

The near-term and long-term affordability and cost-effectiveness of such programs.

The objectives, requirements, and standards for test and evaluation with respect to such programs.

Accountability, transparency, and oversight with respect to such programs.

The role of international cooperation on missile defense in the ballistic missile defense policy and strategy of the United States.

Any other matters the Secretary determines relevant.

In general

Not later than January 31, 2010, the Secretary shall submit to Congress a report setting forth the results of the review required by subsection (a).

Form

The report required by this subsection shall be in unclassified form, but may include a classified annex.

review and evaluate the testing conducted on the first Airborne Laser System aircraft, including the planned shoot-down demonstration testing; and

submit to the Secretary of Defense and to Congress an assessment by the Director of the operational effectiveness, suitability, and survivability of the Airborne Laser System.

The date on which the Secretary of Defense, after receiving the assessment under subsection (a)(2), submits to Congress a certification that the Airborne Laser System has demonstrated, through successful testing and operational and cost analysis, a high probability of being operationally effective, suitable, survivable, and affordable.

The date that is 60 days after the date on which Congress receives the independent assessment of boost-phase missile defense required by section 232.

In general

Funds may not be available under subsection (a) for the purpose specified in that subsection until the Secretary of Defense submits to the Committees on Armed Services of the Senate and the House of Representatives a report on the deployment of the AN/TPY–2 forward-based X-band radar as described in that subsection, including:

Form

The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

A description of research, training, technical assistance, infrastructure support, and educational programs and activities conducted by the Department of Defense in support of covered educational institutions.

A survey of the level of participation of covered educational institutions in programs described in paragraph (1), and lessons learned from the survey.

An assessment of the relevance, including outcomes and effects, of the programs and activities identified in paragraph (1) to the research and educational programs, activities, and missions of the Department of Defense.

An assessment of additional activities by the Department of Defense that support covered educational institutions whose primary focus is the training and educating of minority scientists, engineers, and technicians.

An assessment of barriers to the participation of covered educational institutions in the research and educational programs and activities of the Department of Defense.

Recommendations to increase the capacity of covered educational institutions to participate in research and educational programs and activities that are critical to the national security functions of the Department of Defense.

Any other matters the Secretary of Defense considers appropriate.

The term covered educational institutions means—

The term research and educational programs and activities includes programs and activities relating to research, development, test, and evaluation and education.

An analysis of each of the findings and recommendations of the Defense Science Board Task Force on Directed Energy Weapons.

A detailed description of the response of the Department of Defense to each finding and recommendation of the Task Force, including—

A summary of any additional actions the Secretary plans to take to address concerns raised by the Task Force.

by inserting (1) before At the conclusion; and

by adding at the end the following new paragraph:

by striking paragraph (3); and

by redesignating paragraphs (4) through (7) as paragraphs (3) through (6), respectively.

In general

The Under Secretary of Defense for Acquisition, Technology, and Logistics shall assess the feasibility of consolidating the various technology transition programs in the Department of Defense into a unified effort managed by a senior official of the Department.

Programs included

The assessment required by paragraph (1) shall include—

Report

Not later than October 1, 2009, the Under Secretary shall submit to the congressional defense committees a report on the assessment required by paragraph (1). The report shall include the following:

by striking subsection (h); and

by redesignating subsection (i) as subsection (h).

identify vulnerabilities at multiple levels of the electronics and information processing systems of the selected programs, including microcircuits, software, and firmware;

prioritize the potential vulnerabilities and effects of the various elements and stages of the system supply chain to identify the most effective balance of investments to minimize the effects of compromise;

provide recommendations regarding ways of managing supply chain risk for covered acquisition programs; and

identify the appropriate lead person, and supporting elements, within the Department of Defense for the development of an integrated strategy for managing risk in the supply chain for covered acquisition programs.

An identification of various methods of verifying the trust of semiconductors, including methods under development at the Defense Agencies, government laboratories, institutions of higher education, and in the private sector.

A determination of the methods identified under paragraph (1) that are most suitable for the Department of Defense.

An assessment of the additional research and technology development needed to develop methods of verifying the trust of semiconductors that meet the needs of the Department of Defense.

Any other matters that the Under Secretary considers appropriate.

In general

The lead person identified under subsection (a)(4), in cooperation with the supporting elements also identified under such subsection, shall develop an integrated strategy—

Requirements

At a minimum, the strategy shall—

develop policy requiring that trust assurance be a high priority for covered acquisition programs in all phases of the electronic component supply chain and integrated circuit development and production process, including design and design tools, fabrication of the semiconductors, packaging, final assembly, and test;

develop policy requiring that programs whose electronics and information systems are determined to be vital to operational readiness or mission effectiveness are to employ trusted foundry services to fabricate their custom designed integrated circuits, unless the Secretary specifically authorizes otherwise;

incorporate the strategies and policies of the Department of Defense regarding development and use of trusted integrated circuits into all relevant Department directives and instructions related to the acquisition of integrated circuits and programs that use such circuits; and

take actions to promote the use and development of tools that verify the trust in all phases of the integrated circuit development and production process of mission-critical parts acquired from non-trusted sources.

the assessments required by subsections (a) and (b);

the strategy required by subsection (c); and

a description of the policies developed and actions taken under subsection (d).

The term covered acquisition programs means an acquisition program of the Department of Defense that is a major system for purposes of section 2302(5) of title 10, United States Code.

The terms trust and trusted refer, with respect to electronic and information processing systems, to the ability of the Department of Defense to have confidence that the systems function as intended and are free of exploitable vulnerabilities, either intentionally or unintentionally designed or inserted as part of the system at any time during its life cycle.

The term trusted foundry services means the program of the National Security Agency and the Department of Defense, or any similar program approved by the Secretary of Defense, for the development and manufacture of integrated circuits for critical defense systems in secure industrial environments.

address critical technologies required for future development, including a technology roadmap;

include the development of a detailed science and technology investment and implementation plan and an identification of the resources required to implement such plan; and

include the development of a strategic plan that—

the technology roadmap referred to in subsection (a)(1);

the plan and the identification of resources referred to in subsection (a)(2);

the strategic plan referred to in subsection (a)(3); and

a detailed plan to establish a Joint Vertical Lift Aircraft/Rotorcraft Office based on lessons learned from the Joint Advanced Strike Technology Office.

Establishment

Not later than one year after the date of the enactment of this Act, and in accordance with Directive 5101.1, the Secretary of Defense shall prescribe the roles, responsibilities, and authorities of the executive agent designated under subsection (a).

Specification

The roles and responsibilities of the executive agent designated under subsection (a) shall include each of the following:

The term Directive 5101.1 means Department of Defense Directive 5101.1, or any successor directive relating to the responsibilities of an executive agent of the Department of Defense.

The term executive agent has the meaning given the term DoD Executive Agent in Directive 5101.1.

a description of the technology applications developed pursuant to conventional prompt global strike activities during fiscal year 2009; and

for each such technology application, the conventional prompt global strike concept towards which the application could be applied.

The full cost of demonstrating such concept.

An assessment of any policy, legal, or treaty-related issues that could arise during the course of, or as a result of, deployment of each concept and recommendations to address such issues.

The extent to which the concept could be misconstrued as a nuclear weapon or delivery system and recommendations to mitigate the risk of such a misconstrual.

An assessment of the potential basing and deployment options for the concept.

A description of the types of targets against which the concept might be used.

An assessment of the adequacy of the intelligence that would be needed to support an attack involving the concept.

Transfer amount

Using funds described in subsection (b) and notwithstanding section 2215 of title 10, United States Code, the Secretary of Defense may transfer not more than $64,049.40 during fiscal year 2009 to the Moses Lake Wellfield Superfund Site 10–6J Special Account.

Purpose of reimbursement

The payment under paragraph (1) is to reimburse the Environmental Protection Agency for its costs incurred in overseeing a remedial investigation/feasibility study performed by the Department of the Army under the Defense Environmental Restoration Program at the former Larson Air Force Base, Moses Lake Superfund Site, Moses Lake, Washington.

Interagency agreement

The reimbursement described in paragraph (2) is provided for in the interagency agreement entered into by the Department of the Army and the Environmental Protection Agency for the Moses Lake Wellfield Superfund Site in March 1999.

The amounts allocated for research, development, test, and evaluation for unexploded ordnance detection technologies.

The amounts allocated for transition of new unexploded ordnance detection technologies.

Activities undertaken by the Department to transition such technologies and train operators on emerging detection instrument technologies.

Any impediments to the transition of new unexploded ordnance detection instrument technologies to regular operation in remediation programs.

The transfer of such technologies to private sector entities involved in the detection of unexploded ordnance.

Activities undertaken by the Department to raise public awareness regarding unexploded ordnance.

review the definitions of the term “inherently governmental function” described in subsection (b) to determine whether such definitions are sufficiently focused to ensure that only officers or employees of the Federal Government or members of the Armed Forces perform inherently governmental functions or other critical functions necessary for the mission of a Federal department or agency;

develop a single consistent definition for such term that would—

develop criteria to be used by the head of each such department or agency to—

in addition to the actions described under paragraphs (1), (2), and (3), provide criteria that would identify positions within Federal departments and agencies that are to be performed by officers or employees of the Federal Government or members of the Armed Forces to ensure that the head of each Federal department or agency—

solicit the views of the public regarding the matters identified in this section.

the Federal Activities Inventory Reform Act of 1998 (Public Law 105–270; 31 U.S.C. 501 note);

section 2383 of title 10, United States Code;

Office of Management and Budget Circular A–76;

the Federal Acquisition Regulation; and

any other relevant Federal law or regulation, as determined by the Director of the Office of Management and Budget in consultation with the Chief Acquisition Officers Council and the Chief Human Capital Officers Council.

A description of the actions taken by the Director under this section to develop a single definition of inherently governmental function and criteria for critical functions.

Such legislative recommendations as the Director determines are necessary to further the purposes of this section.

A description of such steps as may be necessary—

be a quantitative analysis of the post-reset Department of Defense depot capability required to provide life cycle sustainment of military legacy systems and new systems and military equipment;

take into consideration direct input from the Secretary of Defense and the logistics and acquisition leadership of the military departments, including materiel support and depot commanders;

take into consideration input from regular and reserve components of the Armed Forces, both with respect to requirements for sustainment-level maintenance and the capability and capacity to perform depot-level maintenance and repair;

identify and address each type of activity carried out at depots, installation directorates of logistics, regional sustainment-level maintenance sites, reserve component maintenance capability sites, theater equipment support centers, and Army field support brigade capabilities;

examine relevant guidance provided and regulations prescribed by the Secretary of Defense and the Secretary of each of the military departments, including with respect to programming and budgeting and the annual budget displays provided to Congress; and

examine any relevant applicable laws, including the relevant body of work performed by the Government Accountability Office.

The life cycle sustainment maintenance strategies and implementation plans of the Department of Defense and the military departments that cover—

Current and future maintenance environments, including—

The adequate visibility of the maintenance workload of each military department in reports submitted to Congress, including—

Such other information as determined relevant by the entity carrying out the study.

Interim report

The contract that the Secretary enters into under subsection (a) shall provide that not later than one year after the commencement of the study conducted under this section, the chief executive officer of the entity that carries out the study pursuant to the contract shall submit to the Committees on Armed Services of the Senate and House of Representatives an interim report on the study.

Final report

Such contract shall provide that not later than 22 months after the date on which the Secretary of Defense enters into the contract under subsection (a), the chief executive officer of the entity that carries out the study pursuant to the contract shall submit to the Committees on Armed Services of the Senate and House of Representatives a final report on the study. The report shall include each of the following:

The term depot-level maintenance and repair has the meaning given that term under section 2460 of title 10, United States Code.

The term reset means actions taken to repair, enhance, or replace military equipment used in support of operations underway as of the date of the enactment of this Act and associated sustainment.

The term military equipment includes all weapon systems, weapon platforms, vehicles and munitions of the Department of Defense, and the components of such items.

the proposed actions to consolidate aircraft repair facilities and personnel of the active Air Force with aircraft repair facilities and personnel of the Air National Guard by the Secretary of the Air Force; and

the information included in the report required by subsection (c).

The anticipated positive or negative effect on the productivity and mission accomplishment of the managed workforces at the different commands.

The potential future efficiencies to be achieved through an enterprise-wide transformation of civilian personnel services.

The size and complexity of the civilian workforce.

The extent to which mission accomplishment is dependent upon the productivity of the civilian workforce.

Input from the commanders of the large civilian centers regarding the effect of consolidation on workforce productivity and costs.

The status of ongoing consolidation efforts at the Air Force Personnel Center at Randolph Air Force Base, Texas, and the target timelines for delivery of services to the various installations.

The advantages and disadvantages of retaining certain personnel management and advisory services functions at the large civilian centers under local command authority to include on-site control of staffing of positions filled through internal or external recruitment processes, employee management relations, labor force planning and management, and managing workers compensation programs.

The standards and timeliness for transitioning the personnel classifications currently performed by large civilian centers, the transition plan, particularly as it assures ready access to classifications needed for staffing and other purposes by the large civilian centers, and the expected performance and evaluation standards for providing classification services to the large civilian centers once the transition is complete.

in subsection (d)(2), by adding at the end the following new subparagraph:

in subsection (e)(2)—

Section heading

The heading of such section is amended to read as follows:

Table of sections

The table of sections at the beginning of subchapter III of chapter 173 of such title is amended by striking the item relating to section 2925 and inserting the following new item:

an explanation of the reasons why the requirements, or portions of the requirements, have not been implemented; and

a revised plan under subsection (d) to complete implementation or a rationale regarding why portions of the requirements cannot or should not be implemented.

The potential for solar and wind energy to reduce the fuel supply needed to provide electricity for expeditionary forces and the extent to which such reduction will decrease the risk of casualties by reducing the number of convoys needed to supply fuel to forward operating locations.

The cost of using solar and wind energy to provide electricity.

The potential savings of using solar and wind energy to provide electricity compared to current methods.

The environmental benefits of using solar and wind energy to provide electricity instead of the current methods.

The sustainability and operating requirements of solar and wind energy systems for providing electricity compared to current methods.

Potential opportunities for experimenting with the use of deployable solar and wind energy systems in current training environments, including remote areas of training ranges.

The potential clean energy alternatives for powering the conversion processes, including nuclear, solar, and wind energies.

The alternatives for reducing carbon emissions during the conversion processes.

The military utility of domestically-produced alternative and synthetic fuels for military operations and for use by expeditionary forces compared with the military utility and life cycle emissions of mobile, in-theater synthetic fuel processes.

The goals and progress of the military departments related to the research, testing, and certification for use of alternative or synthetic fuels in military vehicles and aircraft.

An analysis of trends, levels of investment, and the development of refining capacity in the alternative or synthetic fuel industry capable of meeting fuel requirements for the Department of Defense.

In general

The Secretary of Defense shall develop integrated prioritized plans to eliminate, reduce, or mitigate significant risks identified in the risk assessment under subsection (a).

Additional considerations

In developing the risk mitigation plans under paragraph (1), the Secretary of Defense shall—

In general

The Secretary of Defense shall submit a report on the efforts of the Department of Defense to mitigate the risks described in subsection (a) as part of the budget justification materials submitted to Congress in support of the Department of Defense budget for fiscal year 2010 and each fiscal year thereafter (as submitted with the budget of the President under section 1105(a) of title 31, United States Code).

Content

Each report submitted under paragraph (1) shall describe the integrated prioritized plans developed under subsection (b) and the progress made toward achieving the goals established under such subsection.

In general

Not later than June 1, 2009, the Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the readiness of the regular and reserve components of the Armed Forces. The report shall be unclassified but may contain a classified annex.

One or more reports

In complying with the requirements of this section, the Comptroller General may submit a single report addressing all the elements specified in subsection (b) or two or more reports addressing any combination of such elements.

An analysis of the readiness status, as of the date of the enactment of this Act, of the regular and reserve components of the Army and the Marine Corps, including any significant changes in any trends with respect to such components since 2001.

An analysis of the readiness status, as of such date, of the regular and reserve components of the Air Force and the Navy, including a description of any major factors that affect the ability of the Navy or Air Force to provide trained and ready forces for ongoing operations and to meet overall readiness goals.

An analysis of the efforts of the Secretary of each military department to address any major factors affecting the readiness of the regular and reserve components under the jurisdiction of that Secretary.

the plans of the Secretary of the Navy to improve the combat skills of the members of the Navy; and

the plans of the Secretary of the Air Force to improve the combat skills of the members of the Air Force.

The criteria that the Secretary of the Air Force and the Secretary of the Navy use to select permanent sites for their Common Battlefield Airmen Training and Expeditionary Combat Skills courses.

An identification of the extent to which the Secretary of the Navy and Secretary of the Air Force coordinated with each other and with the Secretary of the Army and the Commandant of the Marine Corps with respect to their plans to expand combat skills training for members of the Navy and Air Force, respectively, together with a complete list of bases or locations that were considered as possible sites for the coordinated training.

The estimated implementation and sustainment costs for the Air Force Common Battlefield Airmen Training and Navy Expeditionary Combat Skills courses.

The estimated cost savings, if any, which could result by carrying out such combat skills training at existing Department of Defense facilities or by using existing ground combat training resources.

force structure;

manning;

equipment availability, maintenance, and logistics issues;

training constraints limiting access to—

any conflicts with requirements under title 32, United States Code.

an analysis of the Army’s training relative to the employment of reserve component units—

an analysis of the effect of mobilization and deployment laws, regulations, goals, and policies on the Army’s ability to train and employ reserve component units for the purposes described in paragraph (1); and

any other information that the Comptroller General determines is relevant.

an analysis of the funding, staffing, and organization of the Military Munitions Response Program; and

an assessment of the Program mechanisms for the accountability, reporting, and monitoring of the progress of munitions response projects and methods to reduce the length of time of such projects.

The funding requirements for the Air Sovereignty Alert mission, and the associated Command and Control mission, including such requirements for—

The amount in the budget for the Air Force for each of the items referred to in paragraph (1).

The amount in the budget for the Air National Guard for each such item.

identify the number of military working dogs required to fulfill the various missions of the Department of Defense for which such dogs are used, including force protection, facility and check point security, and explosives and drug detection;

take such steps as are practicable to ensure an adequate number of military working dog teams are available to meet and sustain the mission requirements identified in paragraph (1);

ensure that the Department’s needs and performance standards with respect to military working dogs are readily available to dog breeders and trainers; and

coordinate with other Federal, State, or local agencies, nonprofit organizations, universities, or private sector entities, as appropriate, to increase the training capacity for military working dog teams.

The Army National Guard of the United States, 352,600.

The Army Reserve, 205,000.

The Navy Reserve, 66,700.

The Marine Corps Reserve, 39,600.

The Air National Guard of the United States, 106,756.

The Air Force Reserve, 67,400.

The Coast Guard Reserve, 10,000.

the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and

the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.

National guard

Within the limitation provided in section 10217(c)(2) of title 10, United States Code, the number of non-dual status technicians employed by the National Guard as of September 30, 2009, may not exceed the following:

Army reserve

The number of non-dual status technicians employed by the Army Reserve as of September 30, 2009, may not exceed 595.

Air force reserve

The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2009, may not exceed 90.

by inserting (1) before If at the end; and

by adding at the end the following new paragraph:

by striking the subsection heading and inserting the following: Termination of waiver.—(1);

by striking subsection (a) and inserting subsection (a)(1); and

by adding at the end the following new paragraph:

Section heading

The heading of such section is amended to read as follows:

Table of sections

The table of sections at the beginning of chapter 3 of such title is amended by striking the item relating to section 123a and inserting the following new item:

in subsection (a), by striking in line of duty each place it appears; and

by adding at the end the following new subsection:

in subsection (a), by striking in line of duty; and

by adding at the end the following new subsection:

in the first sentence of subsection (a), by striking that armed force and inserting the Army or Air Force, or more than 51 percent of the general officers of the Marine Corps,; and

in subsection (b)—

Reservation of Army increase

The increase in the number of general officers on active duty in the Army, as authorized by the amendment made by subsection (a) is reserved for general officers in the Army who serve in an acquisition position.

Reservation of portion of increase in joint duty assignments excluded from limitation

Of the increase in the number of general officer and flag officer joint duty assignments that may be designated for exclusion from the limitations on the number of general officers and flag officers on active duty, as authorized by the amendment made by subsection (c), five of the designated assignments are reserved for general officers or flag officers who serve in an acquisition position, including one assignment in the Defense Contract Management Agency.

by inserting (1) after (a); and

by adding at the end the following new paragraph:

in subsection (a)—

in subsection (b), by striking on active duty in the matter preceding paragraph (1).

Report on proposed implementation

The Secretary of Defense shall submit to the Committees on Armed Forces of the Senate and House of Representatives a report, reflecting input from the Armed Forces, containing the following:

Time for implementation

After the end of the one-year period beginning on the date on which the Secretary of Defense submits the report required by paragraph (1), the Secretary of Defense may implement the authorities provided by this section regarding the distribution of commissioned officers on active duty in general officer and flag officer grades and altering the limitations on authorized strengths of general and flag officers on active duty.

Effect of implementation

After the implementation date specified in paragraph (2), the authorities provided by this section supersede any requirement of section 525, 526, or 721 of title 10, United States Code, to the contrary.

in the Army, if that appointment would result in more than—

in the Air Force, if that appointment would result in more than—

in the Navy, if that appointment would result in more than—

in the Marine Corps, if that appointment would result in more than—

Joint assignments

The limitations contained in subsection (b) do not apply to officers serving in joint duty assignments, as designated by the Secretary of Defense under section 526(b) of title 10, United States Code, or this section or for officers released from joint duty assignments, but only during the 60-day period beginning on the date the officer departs the joint duty assignment. Of the officers serving in such joint duty assignments—

Officers after relief from certain positions

An officer continuing to hold the grade of general or admiral under section 601(b)(4) of title 10 United States Code, after relief from the position of Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, or Commandant of the Marine Corps shall not be counted for purposes of subsection (b).

Attending physician

An officer while serving as Attending Physician to the Congress is in addition to the number that would otherwise be permitted for that officer’s Armed Force for officers serving on active duty in grades above brigadier general or rear admiral (lower half) under subsection (b).

Officers pending retirement or after relief and related circumstances

The following officers shall not be counted for purposes of subsection (b):

Appointment authority

Subject to paragraph (3), the President—

Offsetting reductions

For each appointment made under the authority of paragraph (1) in the Army, Air Force, or Marine Corps in the grade of lieutenant general or general or in the Navy in the grade of vice admiral or admiral, the number of appointments that may be made in the equivalent grade in one of the other Armed Forces (other than the Coast Guard) shall be reduced by one. When such an appointment is made, the President shall specify the Armed Force in which the reduction required by this paragraph is to be made.

Maximum

The number of officers that may be serving on active duty in the grades of lieutenant general and vice admiral by reason of appointments made under the authority of paragraph (1) may not exceed 15. The number of officers that may be serving on active duty in the grades of general and admiral by reason of appointments made under the authority of paragraph (1) may not exceed 5.

Duration of reduction

Upon the termination of the appointment of an officer in the grade of lieutenant general or vice admiral or general or admiral that was made in connection with an increase under paragraph (1) in the number of officers that may be serving on active duty in that Armed Force in that grade, the reduction made under paragraph (2) in the number of appointments permitted in such grade in another Armed Force by reason of that increase shall no longer be in effect.

For the Army, 225.

For the Navy, 160.

For the Air Force, 208.

For the Marine Corps, 60.

Designation of positions

The Secretary of Defense may designate up to 324 general officer and flag officer positions that are joint duty assignments for the purposes of chapter 38 of title 10, United States Code, for exclusion from the limitations in subsection (e). The Secretary of Defense will allocate these exclusions to the Armed Forces based on the number of general or flag officers required from each Armed Force for assignment to these designated positions.

Minimum number of positions

Unless the Secretary of Defense determines that a lower number is in the best interests of the United States, the minimum number of officers serving in positions designated under paragraph (1) for each Armed Force shall be as follows:

Distribution limits

The limitations of subsection (b) do not apply to a reserve component general or flag officer who is on active duty and serving in billets other than joint duty assignments under a call or order specifying a period of not longer than two years.

Authorized strength limits

The limitations in subsection (e) do not apply to a reserve component general or flag officer who is on active duty and serving in a position that is a joint duty assignment for the purposes of chapter 38 of title 10, United States Code, for a period not to exceed three years.

in the first sentence—

in the second sentence, by striking If and inserting the following:

in the subsection heading, by striking at age 60 and inserting for age; and

by striking subsection (a)(1) or (a)(2). and all that follows through the period at the end of the last sentence and inserting the following: paragraph (1) or (2) of subsection (a). An officer described in paragraph (1) of such subsection may not be retained under this section after the last day of the month in which the officer becomes 62 years of age. An officer described in paragraph (2) of such subsection may not be retained under this section after the last day of the month in which the officer becomes 60 years of age..

Section heading

The heading of section 14702 of such title is amended to read as follows:

Table of sections

The table of sections at the beginning of chapter 1409 of such title is amended by striking the item relating to section 14702 and inserting the following new item:

by redesignating subsection (b) as subsection (c); and

by inserting after subsection (a) the following new subsection (b):

A summary of the actual policies and procedures used to assign members of the Marine Corps Reserve to the Individual Ready Reserve and to remove members from the Individual Ready Reserve, to include the grade and authority of the official responsible for making the decision regarding the assignment.

The number of members of the Marine Corps Reserve assigned to the Individual Ready Reserve during fiscal years 2001 through 2008.

The number of members of the Marine Corps Reserve who spent less than 12 months in the Individual Ready Reserve during fiscal years 2001 through 2008, categorized by the reason provided for assigning the members to the Individual Ready Reserve.

The impact of assigning a member of the Marine Corps Reserve to the Individual Ready Reserve on the eligibility of the member for health care coverage under TRICARE.

The policies and procedures used to account for members of the Marine Corps Reserve who are excess to a unit’s authorization document, to include members selected for promotion or command who have not yet been promoted or assumed duties as officers in command.

Recommendations for improvements to policies and procedures used to assign members of the Marine Corps Reserve to the Individual Ready Reserve and to remove members from the Individual Ready Reserve.

in subsection (a), by striking unless— and all that follows through the joint specialty and inserting unless the officer has been designated as a joint qualified officer;

in subsection (b)—

by striking subsection (h).

Section heading

The heading of such section is amended to read as follows:

Table of sections

The table of sections at the beginning of subchapter II of chapter 36 of such title is amended by striking the item relating to section 619a and inserting the following new item:

In general

Subsection (a) of section 661 of title 10, United States Code, is amended in the second sentence by striking in such manner as the Secretary of Defense directs and inserting as a joint qualified officer or in such other manner as the Secretary of Defense directs.

Section heading

The heading of such section is amended to read as follows:

Table of sections

The table of sections at the beginning of chapter 38 of such title is amended by striking the item related to section 661 and inserting the following new item:

in subsection (a)—

in subsection (b)(1), by striking do not have the joint specialty and inserting are not designated as a joint qualified officer.

In general

Section 665 of such title is amended—

Section heading

The heading of such section is amended to read as follows:

Table of sections

The table of sections at the beginning of chapter 38 of such title is amended by striking the item related to section 665 and inserting the following new item:

in paragraph (1)—

in paragraph (2), by striking with the joint specialty and inserting designated as a joint qualified officer;

in paragraph (3), by striking selected for the joint specialty each place it appears and inserting designated as a joint qualified officer;

in paragraph (4)—

by striking paragraphs (5) through (10), (13), and (16), and redesignating paragraphs (11), (12), (14), (15), (17), and (18) as paragraphs (7), (8), (9), (10), (12), and (13), respectively;

by inserting after paragraph (4) the following new paragraphs:

by inserting after paragraph (10), as redesignated by paragraph (5) of this subsection, the following new paragraph (11):

in paragraph (1), by striking subparagraph (D) and inserting the following new subparagraph (D):

by striking paragraph (3) and inserting the following new paragraph (3):

in paragraph (3), by striking Cumulative service and inserting Accrued joint experience;

in paragraph (4), by striking (except and all that follows through any time); and

by striking paragraph (6) and inserting the following new paragraph (6):

in paragraph (1), by striking subsection (f)(1), (f)(2), (f)(4), or (g)(2) and inserting paragraphs (1), (2), and (4) of subsection (f); and

by striking paragraph (3).

by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; and

in paragraph (1), by striking (1) and all that follows through as follows: and inserting the following:

A list and description of the joint education courses available during the year covered by the report.

A list and description of the joint education courses listed under paragraph (1) that are available to, and may be completed by, officers of the reserve components of the Armed Forces in other than an in-resident duty status under title 10 or 32, United States Code.

For each joint education course listed under paragraph (1), the number of officers from each Armed Force who pursued the course during the year covered by the report, including the number of officers of the Army National Guard and Air National Guard who pursued the course.

in paragraph (2), by striking six years and inserting eight years; and

in paragraph (3)(A), by striking six years and inserting eight years.

In general

Each Secretary of a military department may carry out pilot programs under which officers and enlisted members of the regular components of the Armed Forces under the jurisdiction of such Secretary may be inactivated from active duty in order to meet personal or professional needs and returned to active duty at the end of such period of inactivation from active duty.

Purpose

The purpose of the pilot programs under this section shall be to evaluate whether permitting inactivation from active duty and greater flexibility in career paths for members of the Armed Forces will provide an effective means to enhance retention of members of the Armed Forces and the capacity of the Department of Defense to respond to the personal and professional needs of individual members of the Armed Forces.

under an agreement upon entry of the member on active duty; or

due to receipt by the member of a retention bonus as a member qualified in a critical military skill or assigned to a high priority unit under section 355 of title 37, United States Code.

Limitation

The period of inactivation from active duty under a pilot program under this section of a member participating in the pilot program shall be such period as the Secretary of the military department concerned shall specify in the agreement of the member under subsection (e), except that such period may not exceed three years.

Exclusion from computation of Reserve officer’s total years of service

Any service by a Reserve officer while participating in a pilot program under this section shall be excluded from computation of the officer’s total years of service pursuant to section 14706(a) of title 10, United States Code.

Retirement and related purposes

Any period of participation of a member in a pilot program under this section shall not count toward—

To accept an appointment or enlist, as applicable, and serve in the Ready Reserve of the Armed Force concerned during the period of the member's inactivation from active duty under the pilot program.

To undergo during the period of the inactivation of the member from active duty under the pilot program such inactive duty training as the Secretary concerned shall require in order to ensure that the member retains proficiency, at a level determined by the Secretary concerned to be sufficient, in the member’s military skills, professional qualifications, and physical readiness during the inactivation of the member from active duty.

Following completion of the period of the inactivation of the member from active duty under the pilot program, to serve two months as a member of the Armed Forces on active duty for each month of the period of the inactivation of the member from active duty under the pilot program.

Basic pay

During each month of participation in a pilot program under this section, a member who participates in the pilot program shall be paid basic pay in an amount equal to two-thirtieths of the amount of monthly basic pay to which the member would otherwise be entitled under section 204 of title 37, United States Code, as a member of the uniformed services on active duty in the grade and years of service of the member when the member commences participation in the pilot program.

Prohibition on receipt of special and incentive pays

Revival of special pays upon return to active duty

Certain travel and transportation allowances

Officers

Enlisted members

An enlisted member participating in a pilot program shall not be eligible for consideration for promotion during the period that—

Interim reports

Not later than June 1, 2011, and June 1, 2013, the Secretary of each military department shall submit to the congressional defense committees a report on the implementation and current status of the pilot programs conducted by such Secretary under this section.

Final report

Not later than March 1, 2016, the Secretary of Defense shall submit to the congressional defense committees a report on the pilot programs conducted under this section.

Elements of report

Each interim report and the final report under this subsection shall include the following:

in subsection (a), by striking 4,000 or such higher number and inserting 4,400 or such lower number; and

in subsection (h)(1), by striking the last sentence.

in subsection (a), by striking 4,000 or such higher number and inserting 4,400 or such lower number; and

in subsection (j)(1), by striking the last sentence.

In general

Chapter 403 of title 10, United States Code, is amended by inserting after section 4345 the following new section:

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 4345 the following new item:

In general

Chapter 603 of title 10, United States Code, is amended by inserting after section 6957a the following new section:

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 6957a the following new item:

In general

Chapter 903 of title 10, United States Code, is amended by inserting after section 9345 the following new section:

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 9345 the following new item:

In general

Section 2161 of title 10, United States Code, is amended to read as follows:

Clerical amendment

The table of sections at the beginning of chapter 108 of such title is amended by striking the item relating to section 2161 and inserting the following new item:

In general

Section 2163 of such title is amended to read as follows:

Clerical amendment

The table of sections at the beginning of chapter 108 of such title is amended by striking the item relating to section 2163 and inserting the following new item:

In general

Section 4314 of such title is amended to read as follows:

Clerical amendment

The table of sections at the beginning of chapter 401 of such title is amended by striking the item relating to section 4314 and inserting the following new item:

In general

Section 4321 of title 10, United States Code, is amended to read as follows:

Clerical amendment

The table of sections at the beginning of chapter 401 of such title is amended by striking the item relating to section 4321 and inserting the following new item:

In general

Section 7048 of such title is amended to read as follows:

Clerical amendment

The table of sections at the beginning of chapter 605 of such title is amended by striking the item relating to section 7048 and inserting the following new item:

In general

Section 7101 of such title is amended to read as follows:

Clerical amendment

The table of sections at the beginning of chapter 609 of such title is amended by striking the item relating to section 7101 and inserting the following new item:

In general

Section 7102 of such title is amended to read as follows:

Clerical amendment

The table of sections at the beginning of chapter 609 of such title is amended by striking the item relating to section 7102 and inserting the following new item:

In general

Section 9314 of such title is amended to read as follows:

Clerical amendment

The table of sections at the beginning of chapter 901 of such title is amended by striking the item relating to section 9314 and inserting the following new item:

In general

Section 9317 of such title is amended to read as follows:

Clerical amendment

The table of sections at the beginning of chapter 901 of such title is amended by striking the item relating to section 9317 and inserting the following new item:

separates from a reserve component on or after January 28, 2008, the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008; and

as of the date of the enactment of this Act, has not used any of the person’s entitlement to educational assistance under chapter 1607 of such title.

if the Secretary fails to receive an adequate number or requests for Junior Reserve Officers’ Training Corps units by public and private secondary educational institutions; or

during a time of national emergency when the Secretaries of the military departments determine that funding must be allocated elsewhere.

A description of how the Secretaries of the military departments expect to achieve the number of units of the Junior Reserve Officers’ Training Corps specified in subsection (a), including how many units will be established per year by each service.

The annual funding necessary to support the increase in units, including the personnel costs associated.

The number of qualified private and public schools, if any, who have requested a Junior Reserve Officers’ Training Corps unit that are on a waiting list.

Efforts to improve the increased distribution of units geographically across the United States.

Efforts to increase distribution of units in educationally and economically deprived areas.

Efforts to enhance employment opportunities for qualified former military members retired for disability, especially those wounded while deployed in a contingency operation.

Consideration of requests for correction

The Secretary of the Army may consider, through the Army Board for the Correction of Military Records, a request for the correction of military records relating to the amount of the Army College Fund benefit to which a member or former member of the Armed Forces may be entitled under an Army Incentive Program contract.

Payment authority

If the Secretary of the Army determines that the correction of military records is appropriate in response to a request received under paragraph (1), the Secretary may pay such amounts as the Secretary considers necessary to ensure fairness and equity with regard to the request.

developing plans to improve the accessibility and flexibility of college courses available to eligible members of the Armed Forces;

improving the application process for the Armed Forces tuition assistance programs and raising awareness regarding educational opportunities available to such members;

developing curriculum, distance education programs, and career counseling designed to meet the professional, financial, academic, and social needs of such members; and

assessing how resources may be applied more effectively to meet the educational needs of such members.

Plan for implementation

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan to provide for the implementation of the database required by subsection (a).

Relation to defense incident-based reporting system

Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing—

Completion

Not later than 15 months after the date of enactment of this Act, the Secretary shall complete implementation of the database required by subsection (a).

section 577(f) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375);

section 596(c) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163);

section 532 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364); and

sections 4361, 6980, and 9361 of title 10, United States Code.

by designating the current text as paragraph (2) and redesignating current paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;

by inserting before paragraph (2), as so designated, the following:

by inserting at the end the following new paragraphs:

by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively;

by inserting (1) after (c);

by striking If the claimant and inserting the following:

by striking A claimant’s acceptance and inserting the following:

Membership

The commission shall be composed of the following members:

Appointment

The members of the commission referred to in subparagraphs (C) through (H) of paragraph (1) shall be appointed by the Secretary of Defense.

Chairman

The Secretary of Defense shall designate one member described in paragraphs (1)(F) or (1)(G) as chairman of the commission.

Period of appointment; vacancies

Members shall be appointed for the life of the commission. Any vacancy in the commission shall be filled in the same manner as the original appointment.

Deadline for appointment

All members of the commission shall be appointed not later than 60 days after the date of the enactment of this Act.

Quorum

Fifteen members of the commission shall constitute a quorum but a lesser number may hold hearings.

Initial meeting

The commission shall conduct its first meeting not later than 30 days after the date on which a majority of the appointed members of the commission have been appointed.

Meetings

The commission shall meet at the call of the chairman.

Study

The commission shall conduct a comprehensive evaluation and assessment of policies that provide opportunities for the promotion and advancement of minority members of the Armed Forces, including minority members who are senior officers.

Scope of study

In carrying out the study, the commission shall examine the following:

Consultation with private parties

In carrying out the study under this subsection, the commission may consult with appropriate private, for profit, and non-profit organizations and advocacy groups to learn methods for developing, implementing, and sustaining senior diverse leadership within the Department of Defense.

In general

Not later than 12 months after the date on which the commission first meets, the commission shall submit to the President and Congress a report on the study. The report shall include the following:

Interim reports

The commission may submit to the President and Congress interim reports as the Commission considers appropriate.

Hearings

The commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the commission considers appropriate.

Information from federal agencies

Upon request by the chairman of the commission, any department or agency of the Federal Government may provide information that the commission considers necessary to carry out its duties.

Coast guard representation

In addition to the members of the commission required by subsection (b), the commission shall include two additional members, appointed by the Secretary of Homeland Security, in consultation with the Commandant of the Coast Guard, as follows:

Armed Forces Defined

In this section, the term Armed Forces means the Army, Navy, Air Force, Marine Corps, and Coast Guard.

Individual

An individual is eligible to participate in the demonstration project if the individual—

Institution

An accredited school of nursing is eligible to participate in the demonstration project if the school or its parent institution of higher education—